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All Things Menopause™
Terms and Conditions


By paying and therefore, enrolling into the All Things Menopause™ Webinar Course Program (Program), you (“client” or “you”) are entering into a legally binding agreement (“Agreement”) with All Things Menopause LLC (the “Company”), and are subject to the following terms and conditions:

Scope of Services

The Program consists of Five (5) sixty (60) minute live webinar sessions (“Session(s)”) on various menopause-related health topics. Each Session will include the following:
A one (1) hour lecture where Dr. Adrienne Mandelberger will present the latest information and research on numerous topics pertinent to menopause. Some potential topics include:
Hormones 101
Menopause 101
Sexual function and vaginal health
Menopause effects on the brain
Cardiovascular health and metabolism

Payment Terms

The fee for participation in the program is $399 to be paid upon enrollment.

Cancellation & Refund Policy

Cancellation is permitted after the first session only. Upon cancellation after the first session, a full refund will be made. Failure to attend the first session and then requesting a full refund will result in a refund less a $50 administrative fee.

No Chargeback

In light of our Cancellation and Refund Policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by the Company. Should you have any concerns or questions regarding the Program, please do not hesitate to contact the Company directly at info@all-things-menopause.com to resolve your concerns and we will do our best to accommodate your request.

Rescheduling Policy

A schedule for all Sessions is provided on our website here. Please ensure that you have reviewed the schedule and are committed to attending every Session before joining the Program. Session recordings will be available for 1 month following the completion of the Program.


Disclaimer

The Program is a medical education platform and community, wherein you will learn about menopause and navigating menopause. The Program is not a medical practice. Nevertheless, it is facilitated by Adrienne Mandelberger, M.D., a New York licensed physician, certified by the American Board of Obstetrics & Gynecology. There is no substitute for an examination by a licensed medical professional in your State. Should you reside in the State of New York and wish to be treated by Dr. Mandelberger, please contact her medical practice directly to schedule an appointment. Should you reside outside of New York State please contact a licensed physician in your state.

The Company assumes no responsibility or liability for any consequence relating directly or indirectly to any action or inaction you take based upon your use of the site or participation in any of its programs. Reliance upon any of the information learned is solely at your own risk. Never delay seeking treatment with a licensed physician in your State because of your use of this site or participation in any of its programs. Use of and participation in any group programs or courses provided by the Company is not a substitute for being examined by a doctor in your state. None of the information and/or education shared by the Company constitutes medical advice and should not be relied upon as such. No Doctor-Patient relationship is created between you and the Company or with Adrienne Mandelberger, M.D. as a result of using any of the services or products provided by the Company or participation in the Program.

Warranty

THE COMPANY MAKES NO WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY GOODS AND/OR SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. THE COMPANY EXPRESSLY DISCLAIMS THE FOREGOING AND ANY OTHER WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHICH ARE PROVIDED AS IS, AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY GIVEN BY THE COMPANY. By signing this Agreement, Client acknowledges that The Company neither owns nor governs the actions of any third party, person, entity, platform, search engine, software, program, or system, and The Company therefore makes no warranties in connection therewith. Client also acknowledges that, due to factors and conditions beyond The Company’s control, including but not limited to acts of god, the actions of the Client and any of its customers, partners, employees, agents and/or representatives, the actions of third parties, and other conditions and circumstances beyond The Company’s control, it is impossible for The Company to guarantee any specific results. The Company therefore does not guarantee and makes no warranties that the services provided hereunder will meet any specific intended results. If applicable, The Company will pass along to the Client any third-party warranties relating to any goods purchased by Client hereunder. ALL OTHER WARRANTIES ARE EXCLUDED INCLUDING, WITHOUT LIMITATION, EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.

Limitation of Liability

Client hereby agrees that, unless the result of the Company’s willful or intentional misconduct, the Company’s total liability to Client for any and all injuries, claims losses, expenses, or damages, arising out of or in any way related to the Services and/or this Agreement, from any cause or causes, including but not limited to the Company’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty (hereafter "Client’s claims"), shall not exceed the sum of the amount of fees paid to the Company by Client under this Agreement.

Release and Indemnification

Client agrees to release, indemnify, and hold the Company harmless, to the fullest extent permitted by law, from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against the Company, to the extent that such losses or damages were caused by any act, failure to act, error, omission, breach of contract, or negligence of Client and/or its employees, agents, contractors, subcontractors, or representatives in connection with this Agreement and/or the work performed hereunder. In all claims for indemnity under this paragraph, Client’s obligation shall be calculated on a comparative basis of fault and responsibility. Client shall not be obligated to indemnify the Company for claims, losses, expenses, or damages resulting from the Company’s own negligence.

Non-Disparagement

Client agrees to refrain from any disparagement, defamation, libel, or slander of the Company, and agrees to refrain from any tortious interference with the contracts and relationships of the Company. The Company agrees to refrain from any disparaging statements about Client.

Force Majeure

The Company shall be excused from any delay or failure of performance which is a) not caused by, and is not within the reasonable control of, the non-performing party, and b) prevents the non-performing party from its obligations under this agreement (“Force Majeure Event”), regardless of whether it was foreseeable. A Force Majeure Event may include but is not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, ordinances or regulations; epidemics, pandemics and disease outbreaks; strikes, lock-outs or other labor disputes; riots; explosions; technical and electrical outages; failure of technology; and hurricanes, earthquakes, floods, landslides, and other acts of nature.

Intellectual Property

Any trademarks, trade secrets, patents, and/or copyrights provided to you and owned by the Company shall at all times constitute the Company’s Intellectual Property. Except in circumstances expressly authorized in a written agreement, no such Intellectual Property may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted by Client to any third party in any way whatsoever.

Confidentiality:

Confidential Information. Confidential Information may include, but is not limited to, the following: a) any materials regardless of form furnished by either Party or any participant of the Program to any other Party for use; b) all communications and information shared between Client, The Company or any participant of the Program while this Agreement is in effect; c) any information furnished by any party or any participant of the Program, stamped “confidential,” “proprietary,” or with a similar legend, or any information that any party or any participant of the Program makes similar reasonable efforts to maintain secret; d) any business or marketing plans, strategies, customer lists, operating procedures, formulas, know-how, processes, programs, software, inventories, discoveries, improvements, sales projections, strategies, pricing information; and other confidential trade secrets, data and knowledge of either party or any participant of the Program; e) any non-public inventions and technical information, the rights to which have not been assigned to the party receiving the information; and other proprietary information owned by either party or any participant of the Program, (collectively “Confidential Information”), which are valuable, special and unique assets of that party.

Client Information. Your identity as a client and all your communications as a participant in the Program will be treated by the Company as confidential unless you give the Company express permission to disclose specific information. Notwithstanding the foregoing, Client understands and acknowledges that participating in the Program may involve the sharing of information with other participants of the Program. As The Company cannot control the actions of other participants, The Company cannot guarantee that information shared in any Session will be treated as confidential by all participants in attendance. Accordingly, Client hereby agrees to release and hold The Company harmless from any claims, losses, injuries, damages, and expenses of any kind that may result from the disclosure of information shared by Client during any Session by any participant of the Program. Notwithstanding anything in this Agreement to the contrary, Client acknowledges that it is impossible to protect the confidentiality of information transmitted electronically via e-mail, mobile phones, or similar telecommunication and computer equipment, as well as any information stored on computers connected to the Internet. Therefore, Client waives any action, legal or otherwise, against The Company and holds The Company harmless for any interception of Client information resulting from the use of the above-mentioned equipment.

Use of Confidential Information. Neither Client nor the Company will disclose or use, either during or after the term of this Agreement, in any manner, directly or indirectly, any such Confidential Information of the other party, for their own benefit. Neither party will use, share, divulge, disclose, or communicate in any manner whatsoever any Confidential Information to any third party without the prior written consent of the other party, except to the extent required by law or permitted under this Agreement. Both parties will protect all Confidential Information of the other party and all other participants of the Program and will treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement. Client also acknowledges that, in connection with this Agreement, Client may be furnished with, or given access to, certain confidential and/or proprietary information. Such information shall not be disclosed to any third party, and shall not be used for purposes other than those contemplated by this Agreement.

Remedies. If either party to this Agreement discloses or threatens to disclose the other party’s Confidential Information in violation of this Agreement, the party whose information is at issue will suffer irreparable damage and shall be entitled to an award by any court of competent jurisdiction of a temporary restraining order and/or preliminary injunction to restrain the other party from such unauthorized use or disclosure, in whole or in part, of such Confidential Information, without the need to post a bond, and/or from providing services to any party to whom such information has been disclosed or may be disclosed. The infringing party further agrees to reimburse the party whose information has been disclosed for any loss or expense incurred as a result of the infringement, including but not limited to court costs and reasonable attorney fees incurred by the Disclosing Party in enforcing the provisions of this Agreement, in addition to any other damages which may be proven. The parties shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

Term and Termination

The Agreement shall become effective upon the date you remit payment and shall remain in effect until the conclusion of the last Session, if not terminated sooner by you or the Company. You may only terminate this Agreement by canceling your participation in the Program as outlined in the Cancellation & Refund Policy herein. The Company may terminate this Agreement if it is determined that Client’s participation in the Program is not conducive to the success of the Program or for any other reasonable purpose.

No Assignment

The Services contemplated hereunder are personal to the Parties, and neither Party shall have the right or ability to assign, sell, transfer, delegate, subcontract, or otherwise dispose of any rights or obligations hereunder and/or assign the same to any third party without the prior written consent of the other Party. Any attempt to do so shall be null and void.

Amendments

This Agreement may not be changed orally, but only by an agreement in writing signed by both Parties except that continued participation in the Program after changes have been communicated to you by the Company shall constitute consent of the change.

Survival

Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.

No Waiver

No waiver by the Company of, or failure to enforce, any breach of any covenant, condition, or agreement specified herein shall operate as invalidation or as a continual waiver of such covenant, condition, or agreement itself, or of any subsequent breach thereof.

Severability

All provisions of this Agreement are severable. The determination that any particular provision or term is illegal or unenforceable shall have no effect on the remaining terms.

Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements of its type, nature, and kind made and to be performed wholly within said State and without giving effect to the conflict of laws principles. For the purposes of any suit, action, or other proceeding brought by any Party or their respective successors or assigns arising out of any breach or threat thereof for any provision hereunder or otherwise relating to this Agreement or the obligations hereunder of the services and transactions contemplated herein, the Parties irrevocably submit to the exclusive jurisdiction of a court of competent jurisdiction in New York State, Nassau County. With respect to all such actions or proceedings, the Parties UNCONDITIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY.


 

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